Equality Required in Each Pay Type, Not Just Total: 4th Circuit

A medical devices company must face a female former regional sales manager’s claim under the Equal Pay Act because a lower court mistakenly rejected it on the ground that she made more overall than her male comparator, the Fourth Circuit ruled Friday.

The plain text of the 1963 law forbids employers to pay a woman doing equal work as a man at a lower rate, the court said. That means Tracy Sempowich has a viable claim based on the lower salary she was paid in some years by Tactile Systems Technology Inc. than fellow regional sales manager Greg Seeling, even ...